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ALLOWABLE REVIEWS TO STUDENT AND/OR SPOUSAL ASSET ...

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<strong>ALLOWABLE</strong> <strong>REVIEWS</strong> <strong>TO</strong> <strong>STUDENT</strong> <strong>AND</strong>/<strong>OR</strong> <strong>SPOUSAL</strong> <strong>ASSET</strong> CONTRIBUTION<br />

An adjustment to the assets as listed by the student and spouse on the OSAP application can be<br />

considered in a number of situations.<br />

Reviews to Increase the Exemption Level on Vehicles<br />

Students and their partners are required to report the current gross market value of vehicles that<br />

they own or lease as of the asset valuation date (i.e. 16 weeks prior to the start of their prestudy<br />

period).<br />

When calculating financial need, OSAP automatically applies an exemption of $5000 against the<br />

total combined value of all vehicles owned or leased by the student and partner. In the following<br />

situations, the exemption level may be increased to $10,000.<br />

� Public transit is not available for the student to use from his or her home to the<br />

postsecondary institution:<br />

Supporting Documentation Required:<br />

• Letter from the student indicating his or her transportation requirements and the<br />

reason for these arrangements (e.g. student lives beyond established routes for public<br />

transit system).<br />

� Public transit is more than one-hour’s travel from the student’s home to the<br />

postsecondary institution:<br />

Supporting Documentation Required:<br />

• Letter from the student indicating his or her transportation.<br />

� Public transit is not available for the employed partner of a married student to<br />

use from his or her home to place of employment:<br />

Supporting Documentation Required:<br />

• Letter from the student outlining the partner’s transportation requirements and<br />

confirmation of the location of the spouse’s place of employment.<br />

� Public transit is more than one-hour’s travel from the employed spouse of a<br />

married student’s home to their place of employment:<br />

Supporting Documentation Required:<br />

• Letter from the student indicating his or her spouse’s transportation requirements;<br />

• Confirmation of the location of the spouse’s place of employment.<br />

� Partner’s Employment Requires Access to a Vehicle:<br />

Supporting Documentation Required:<br />

• Letter from the partner’s employer indicating the requirement of a vehicle for<br />

employment purposes.<br />

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� Access to a vehicle is required to fulfill the requirements of the student’s<br />

program of studies (e.g. work placements) and no public transit is available<br />

between the student’s home and work placements or the use of public transit<br />

involves more than one hour of travel from the student’s home to the work<br />

placement(s), or the work placement(s) must be more than 40 kilometers from<br />

the student’s home:<br />

Supporting Documentation Required:<br />

• Letter from the student outlining his or her transportation requirements and the<br />

reason for these arrangements.<br />

� A single student resides with parents and requires access to a vehicle in order<br />

to commute to the institution. To qualify for an increased vehicle exemption in<br />

this situation, the family home must be more than 40 kilometers or one hour<br />

travel time by public transit or be located where no public transit is available to<br />

the institution.<br />

Supporting Documentation Required:<br />

• Letter from the student indicating his or her transportation requirements and the<br />

reason for these arrangements.<br />

� A vehicle is required by a sole-support parent or married student to transport<br />

his/her dependent children (e.g. under the age of 12) to and from a child care<br />

provider.<br />

Supporting Documentation Required:<br />

• Letter from the student outlining his or her transportation requirements and<br />

confirmation of child care arrangement including location.<br />

� The vehicle is owned or leased by a student with disabilities or the disabled<br />

partner of a married student.<br />

Supporting Documentation Required:<br />

• Confirmation of the student’s or partner’s permanent disability consistent with OSAP’s<br />

definition of permanent disability. Note: If the vehicle is specifically equipped to<br />

accommodate the student’s disability, the entire value of the vehicle is exempt,<br />

regardless of its current gross market value.<br />

Adjustments to the Vehicle’s Gross Market Value<br />

� Adjustment to the current gross market value of one or more vehicles.<br />

A student can request that the original gross market value of the vehicle (and/or the vehicle<br />

of his or her partner) be adjusted if he/she believes that the original amount listed is an<br />

over-evaluation or if the Ministry has been unable to verify the vehicle’s value and has sent<br />

the student a letter (Notice of Vehicle Verification) to indicate that the student must<br />

document the value of a specific vehicle.<br />

Supporting Documentation Required:<br />

• A written, signed and dated independent vehicle appraisal. The appraisal must be<br />

dated on or after the asset valuation date i.e., 16 weeks prior to the start of the<br />

student’s study period. This document must identify the car in question (e.g. year,<br />

make, license plate number);<br />

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• A letter of explanation from the student which identifies the vehicle (year, make,<br />

license plate number) for which a revised value is being provided.<br />

� The vehicle has been modified to accommodate a disability.<br />

If a student or spouse owns a vehicle which has been modified to accommodate a disability,<br />

i.e. Electronic ramp, then the market value of the vehicle is not considered when calculating<br />

an asset contribution.<br />

Supporting Documentation Required:<br />

• The student or the partner must self-identify as being permanently disabled;<br />

• A medical certificate;<br />

• A letter outlining the nature of the modification made to the vehicle.<br />

� The vehicle has been listed twice due to a license plate error.<br />

The license plate information is a factor in matching information from M<strong>TO</strong>. If the student<br />

did not report the license plate information accurately, then the results from M<strong>TO</strong> would<br />

yield a vehicle listed by the student and the same vehicle (under a different plate number)<br />

listed by M<strong>TO</strong>.<br />

Supporting Documentation Required:<br />

• A letter of explanation from the student. The letter must include details with respect<br />

to make and model, year and current market value of the vehicle;<br />

• A copy of the vehicle registration.<br />

Adjustment to the Vehicle’s Ownership<br />

Students are required to list any vehicles for which the ownership is in his or her name or that of<br />

his or her partner as of the asset valuation date. This includes vehicles that the student or partner<br />

has leased through a leasing company. A student can appeal to have the vehicle removed from<br />

their OSAP assessment under the following conditions:<br />

� The vehicle was sold after the asset valuation date.<br />

If a student and/or spouse sells the vehicle prior to the review deadline (i.e., eight weeks<br />

before the end of his/her study period), the value of the vehicle can be deleted for financial<br />

need assessment purposes, provided that the vehicle was sold for a reasonable market<br />

price and the proceeds of the sale are reflected on the application as other assets. The<br />

student must demonstrate that the change in ownership resulted from an “arm’s length<br />

market transaction”. Ownership transfers to family members will not be<br />

considered. (For OSAP purposes, family members are defined as parents,<br />

children, siblings, grandparents, aunts, uncles, in-laws, and cousins.)<br />

Supporting Documentation Required:<br />

• A letter from the student explaining when the vehicle was sold, including whether or<br />

not this transaction involved an immediate family member. The student must confirm<br />

that they have consulted with the Ministry of Transportation (M<strong>TO</strong>) and that they<br />

have had the records at M<strong>TO</strong> updated.<br />

• Documentation to confirm any debts repaid from proceeds of the sale of the vehicle.<br />

Debt must be directly related to financing the initial purchase of the same vehicle.<br />

� Termination of vehicle lease after the asset valuation date.<br />

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If a student and/or spouse terminate the lease of a vehicle after the asset valuation date<br />

and prior to the review deadline (i.e., eight weeks before the end of his/her study period),<br />

the value of the vehicle can be deleted for need assessment purposes. Where the lease<br />

termination results in a net increase in the student/spouse’s financial assets, the new value<br />

of financial assets must also be reported for assessment purposes. The student must<br />

demonstrate that the change in ownership resulted from an “arm’s length market<br />

transaction”. For example, if the vehicle was being leased from family members, and the<br />

lease is terminated by the family members, the value of the vehicle will not be deleted. (For<br />

OSAP purposes, family members are defined as parents, children, siblings, grandparents,<br />

aunts, uncles, in-laws and cousins.)<br />

Supporting Documentation Required:<br />

• A letter from the student explaining when the lease was terminated, including<br />

whether or not this transaction involved an immediate family member. Student must<br />

confirm that they have consulted with M<strong>TO</strong> and have had the records at M<strong>TO</strong><br />

updated.<br />

• Documentation from the vehicle leasing company confirming the net cost of the lease<br />

termination.<br />

Reviews to Adjust Contribution From RRSPs<br />

Appeals related to expected contributions from RRSPs are not normally considered. However, if<br />

RRSPs have been listed in error or if the value has not been correctly stated, the file may be<br />

reassessed upon receipt of written clarification from the student and supporting documentation.<br />

The student must list the full net worth of all RRSPs registered to the student (and partner, if<br />

applicable) as of the asset valuation date.<br />

RRSPs are not to include the value of investments that are mandatorily locked in according to<br />

Section 60 (J) of the Income Tax Act. (“Locked in” does not refer to the student’s [or partner’s]<br />

choice to invest the funds for a specific time period.)<br />

Reviews to Adjust Contribution From Other Assets<br />

There is no review to the expected contribution from other assets, except for students with<br />

permanent disabilities and recipients of pain and suffering awards (see below). However, a<br />

student may provide clarification to the Financial Aid Office of the asset amount listed on the<br />

application.<br />

Students must report ‘the total gross value of all account balances at financial institutions, bonds,<br />

term deposits, GIC’s, all other investments, and any other assets not otherwise indicated already<br />

on the application which can be directed toward educational costs for the current study period.<br />

The items which should not be included are the value of a principal residence, clothing, furniture,<br />

personal belongings, non-economic loss and/or pain and suffering awards of less than $100,000,<br />

or OSAP funding.’<br />

OSAP funds from the previous study period are not to be included in the value of financial assets<br />

available. For example, students who are in receipt of OSAP during the four months prior to the<br />

start of the current study period can request an adjustment if they have included OSAP funds<br />

relating to this study period.<br />

Students must report all assets, world-wide (and the world-wide assets of their spouse) as of the<br />

date 16 weeks BEF<strong>OR</strong>E the start of their study period. If they start in September, then they<br />

would report their assets as of May. In order to verify assets, the Ministry may contact any<br />

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persons or bodies, including government bodies within and outside of Canada, that may have<br />

information about their assets.<br />

Reviews to Adjust the Value of Pain and Suffering Award Reported as Other Assets<br />

Pain and suffering awards, including WSIB Non-economic loss (NEL) awards, in amounts less than<br />

$100,000 are exempt from assets. Any amount over $100,000 is considered an asset. If<br />

payments are made for different incidents, the payments related to each incident are exempt up<br />

to $100,000.<br />

Supporting Documentation Required:<br />

• a copy of a letter from WSIB, legal court document, or payment stubs specifying a pain<br />

and suffering or NEL award.<br />

Reviews to Adjust the Value of Other Assets for Students With Disabilities<br />

An adjustment to the expected contribution from Other Assets (i.e., Item 670) can be considered<br />

if:<br />

• The applicant has self-identified as a student with a permanent disability;<br />

• A student has a dependent child with a permanent disability;<br />

• A student’s spouse has a permanent disability.<br />

The expected contribution from Other Assets of the student may be adjusted as follows:<br />

• A single student is expected to contribute 100% of Other Assets in excess of $3,000.<br />

• A sole-support parent is expected to contribute 100% of Other Assets in excess of $5,000.<br />

This exemption level is increased by $500 for each dependent child.<br />

• A married student is expected to contribute 100% of Other Assets in excess of $5,500. This<br />

exemption level is increased by $500 for every dependent child.<br />

Supporting Documentation Required:<br />

• A letter from the student requesting a review of their assets based on the fact that they<br />

have documented a permanent disability.<br />

Funding from an In-Trust Account<br />

An in-trust account is an “informal trust” set up with a financial institution to invest funds for a<br />

minor (the “beneficiary”). A donor contributes to the plan for the beneficiary. The trustee (who<br />

can be different from the donor) manages the investments in the account and acts on behalf of<br />

the beneficiary until the beneficiary reaches age of majority. The assets belong to beneficially the<br />

child and must generally be held for the child until the age of majority.<br />

As outlined below, money held in or withdrawn from a student’s In-Trust Account may or may not<br />

be considered an asset or income when assessing financial need.<br />

In-Trust Accounts as Income<br />

Withdrawals from an In-Trust Account in the current study period that are made by the student<br />

or by the account’s trustee and transferred to the student must be reported as either pre-study or<br />

study period income on the OSAP application, depending on when the amount was withdrawn.<br />

In-Trust Accounts as Assets<br />

An In-Trust Account is considered an asset only if the student has access to the funds during the<br />

current study period but has chosen not to withdraw the money to help fund their postsecondary<br />

studies.<br />

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The value of the asset must reflect the amount of funding available to the student in the current<br />

year that has not been withdrawn. For example, if a Trust is valued at $5000 but as per the<br />

conditions of the account the student can only access $1000 per year, then only $1000 can be<br />

considered as an asset. As described above, any amount the student withdraws is considered<br />

income.<br />

In-Trust Accounts that are Exempt from the Need Assessment<br />

If ANY of the following is true, then an In-Trust Account is exempt from the student’s need<br />

assessment.<br />

• The trustee of the account or the student cannot access the account for any reason until the<br />

student reaches a specified age (i.e., student/trustee cannot withdraw funds during the<br />

current study period); or<br />

• The student will not come of age during the current study period, and the trustee has<br />

refused to exercise discretion to remove from the account for the student’s use; or<br />

• The conditions attached to the account explicitly state that the funds are not to be used for<br />

postsecondary studies.<br />

Documentation Required:<br />

• A copy of the documentation used to determine the conditions under which the student<br />

and/or the trustee have access to the funds;<br />

• A letter signed and dated by the student indicating that he/she contacted the trustee to<br />

disburse the funding; and<br />

• A letter signed and dated by the trustee indicating refusal to disburse any funds to the<br />

student during his/her current study period, if applicable, or indicating the total amount<br />

that was or will be disbursed during the current study period.<br />

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Appeal Submission Cover Sheet –<br />

Asset Contribution Appeal<br />

Please forward to:<br />

Student Awards & Financial Aid Office<br />

401 Sunset Ave.<br />

Windsor, ON N9B 3P4<br />

LAST NAME:<br />

FIRST NAME:<br />

U OF W <strong>STUDENT</strong> ID:<br />

SOCIAL INSURANCE #:<br />

DATE OF BIRTH:<br />

APPEAL SUBMISSION<br />

CHECKLIST:<br />

Financial Aid Office Notes:<br />

o A letter from you outlining your request for appealing your OSAP<br />

assessment and under what grounds you are appealing;<br />

o Supporting documentation to support your request for appeal.<br />

o Be sure that your letter(s) are SIGNED, DATED and that your name<br />

and student ID# appears on all of your supporting documentation.<br />

The University of Windsor is committed to the protection of privacy and confidentiality of all its constituents. The information collected in this process is collected<br />

under the authority of the University of Windsor Act, 1962 and is collected for the purposes of administering the Ontario Student Assistance Program (OSAP) on<br />

behalf of the Ministry of Training, Colleges & Universities and any other need-based financial assistance as administered by the University of Windsor. If you have<br />

any questions about the collection of information or the uses to which it will be put, please direct your questions to the Director, Student Awards & Financial Aid.<br />

The ministry administers OSAP under the authority of the Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19, as amended, R.R.O. 1990, Reg.<br />

773, Reg. 774, and Reg. 775, as amended, and O. Reg. 268/01, as amended; the Financial Administration Act, R.S.O. 1990, c. F. 12, as amended; the Canada<br />

Student Financial Assistance Act, S.C. 1994, c. 28, as amended; the Canada Student Financial Assistance Regulations, S<strong>OR</strong> 95-329, as amended; and the Budget<br />

Implementation Act, 1998, S.C. 1998, c. 21, as amended. If you have any questions about the collection or use of this information, contact the Director, Student<br />

Support Branch, Ministry of Training, Colleges and Universities, PO Box 4500, 189 Red River Road, 4th Floor, Thunder Bay, ON P7B 6G9.<br />

Updated April 2008/jm<br />

Office Use:<br />

Date Received: __________________<br />

Date Reviewed: __________________<br />

□ Approved □ Not Approved<br />

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